HomeMy WebLinkAboutAdministrative Permit APX2005002 - Supporting DocumentsHUNTINGTON BEACH
City of Huntington Beach • Department of Planning
CONFERENCE NOTES
PROJECT: Menard Addition
LOCATION: 427 19" Street
DATE: 11/29/05 NOTES TAKEN BY: RT MEETING
PHONE
IN ATTENDANCE: HF RR RM PDV RS RT
SUMMARY: Due to an error mde b the contractor and the on final ro'ect
ro osal which includes si nificant exterior im rovements to the
buildin the PLannin De armtent will a rove the inclusion of a s iral
staircase into the lans which will increase the lot covera e to 53 ercent.
ACTION: Applicant to come in and draw staircase on plans and modify existing building
permits or pull a new permit for the construction of the staircase.
COPY TO: ro'ect file
(g:forms/confnte/6.01 rev.)
Michael Menard (Owner)
427 19t' Street
Huntington Beach, CA 92648
ON)321-CPtil
Re: Administrative Permit No. 05-2 (Menard Residence)
Waiver of Development Standards
427 19th Street, Huntington Beach, CA
NOV 2 - "U."
City of Huntington Beach
Department of Planning
Attn : Mr. Rami Talleh
2000 Main Street
On March 14, 2005, the Huntington Beach Department of Planning issued an approval of
the subject waiver. Specifically, we requested to permit a lot coverage of 52.3% in lieu
of the maximum allowed lot coverage of 50% to allow a second story hallway overhang.
Mr. Scott Andrews with Andrews Construction represented my wife and I in obtaining
this variance. He also obtained the final approval of the plans and was contracted to
perform the construction of the project.
Unfortunately, Mr. Andrews did not make the appropriate payments to the subcontractors
(stucco, decking, and paint) despite my wife and I honoring the contracted amount and
those contractors had placed preliminary liens on my house. Mr. Andrews further
demanded an additional $40,000 to complete the subject project despite there not being a
change in the project's original scope. This amount was essentially an ultimatum since
the subcontractors would not continue until they were paid a percentage of their
contracted amounts. In addition to this, due to significant unethical behavior by the
subject contractor that is well documented and has been submitted to the State of
California Licensing Board, my wife and I have decided to remove him from the project
and complete the project with new contractors.
I had not been part of the City of Huntington Beach's preliminary approval process in
March 2005 nor was I part of the final approval design in July 2005. Furthermore, I had
not been in contact with the project inspector, Mr. Vic Stewart until Mr. Andrews was
removed from the project.
The planned course of action according to my contract with Mr. Andrews was to extend
existing spiral staircase located in our courtyard from the current 2d level sundeck to
the proposed 3`d level sundeck above the new addition. According to my conversations
with Mr. Rami Talleh with the Planning Department, Mr. Andrews had not included the
existing spiral staircase that accessed a 2nd level sundeck above the garage in the
proposed plans. According to my conversations with Mr. Talleh, the existing staircase
should have been included in the original plans and part of the lot coverage calculations
that was originally approved on March 14, 2005 by the planning department. This
increase in lot coverage as calculated by Mr. Talleh is approximately 0.7%, increasing the
lot coverage from 52.3% to 53.0%.
During construction, I questioned the spiral staircase to Mr. Andrews on several
occasions; he indicated that the City's only requirements were to include a submittal of
structural plans that were in accordance with UBC guidelines. He further stated the
manufacturer of the staircase would provide these plans. He never indicated to me nor
did the inspector who visited the job site on at least 6 occasions indicated to me that there
was a potential issue with the fact that, first, the original and proposed change in the
staircase was not included in the original plans and, second, that there was a potential
problem regarding lot coverage. We in fact had also installed an access door on the 2nd
level and a 3d level sundeck that was clearly visible for the inspector to observe during
his job site visits that would only be able to be accessed through an exterior spiral
staircase. My wife and I had assumed that the variance, city's plan approval, and the
inspector's job visits were inclusive of all the contracted items by Mr. Andrews. This
behavior by Mr. Andrews was indicative of how he communicated with my wife and I on
several issues, essentially not letting us know what was truly happening on this
significant project of our primary residence.
Please understand the following:
1. I have previously paid for a variance that I assumed addressed this issue.
2. The increased size of the lot is only 0.7% more than the approved increase on
March 14, 2005.
3. This project not only has become a huge financial burden to my wife and I
due to Mr. Andrews actions, but also has placed an enormous amount of
stress on the both of us due to the fact that we have inhabited the house
during the approximate 6 months of construction.
We have included the following to support the above-stated comments:
0 Contractor 's Agreement indicating an extension of the existing staircase to
the 3rd level deck;
0 Contactor's Agreement also indicating that all plans, engineering, and
permits were included and were to be performed by Mr. Andrews;
0 Copy of Complaint filed by my wife and I to the State Contractors Board
indicating the several breeches of contract by Mr . Andrews as well as the
unethical /unprofessional behavior by the subject contractor;
0 Letter from the State Contractors Board indicating that this issue is
currently under investigation by their department.
This has truly been a trying time for my wife and I and hope that you will accept the
slight increase in lot coverage as part of the original request accepted by your department
on March 14, 2005.
Sincerely,
IILIA_L
Michael Menard Marleane Menard
Form A155-CA CALIFORN•CONTRACTOR AGREEINT
THIS AGREEMENT made the 4th day of June , 20 05 by and between
Andrews Contruction , hereinafter called the Contractor and Mr & Mrs Menard , hereinafter
called the Owner.
Witnesseth, that the Contractor and the Owner for the considerations named agree as follows:
Article 1. Scope of the Work
The Contractor shall furnish all of the materials and perform all of the work shown on the Drawings and/or
described in the Specifications entitled Exhibit A, as annexed hereto as it pertains to work to be performed on
property at 427 19th st Huntington Beach, Cal 92764 (714)321- 6111
Article 2. Time of Completion
The work to be performed under this Contract shall be commenced on or before June 15th , 20 05 and
shall be substantially completed on or before September , 20 05. Time is of the essence. The following constitutes
substantial commencement of work pursuant to this proposal and contract:
(Specify) Plans date June 8th 2005 Drawn by Andrews Construction Scott Andrews, Engineered by Frank F. Mibjahangir, Iii)ry - 1' '
For 2nd story addition of 2 bedrooms and hall from existing building, with remodel of existing master bedroom See
Exhihit A last nano.
rticle 3. The Contract Price
The Owner shall pay the Contractor for the material and labor to be performed under the Contract the sum of
sixtyarget tnousana your nunarea eignty rive Dollars (z o34a v_u ), subject to aaaltlons aria
deductions pursuant to authorized change orders. .]_/"S'
Article 4. Progress Payments
Payments of the Contract Price shall be paid in the manner following:
$4000,00 down for permits pulled, 8 payments of $7435.63 1st. demo and foundation poured 2nd. Floor and walls.
3rd. Rough frame complete, 4th. Rough inspection signed off, 5th Drywall and Exterior lath signed off. 6th Int trim and
tila 7th Paint 8th inh c.mmnlAte
Article 5. General Provisions -}-1
Any alteration or deviation from the above specifications, including but not limited to any such alteration or P/ 0Z}
deviation involving additional material and/or labor costs, will be executed only upon a written order for same, signed
by Owner and Contractor, and if there is any charge for such alteration or deviation, the additional charge will be
added to the contract price of this contract.
If payment is not made when due, Contractor may suspend work on the job until such time as all payments
due have been made. A failure to make payment for a period in excess of 5 days from the
due date of the payment shall be deemed a material breach of this contract.
In addition, the following general provisions apply:
1. All work shall be completed in a workman-like manner and in compliance with all building codes and other
applicable laws.
2. The contractor shall furnish a plan and scale drawing showing the shape, size dimensions, and
construction and equipment specifications for home improvements, a description of the work to be done
and description of materials to be used and the equipment to be used or installed, and the agreed
consideration for the work.
3. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law
to perform said work.
4. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall
fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract.
5. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials
provided at the time the next periodic payment shall be due.
6. All change orders shall be in writing and signed both by Owner and Contractor, and shall be incorporated
in, and become a part of the contract.
7. Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as
a result of the acts of Contractor or its employees or subcontractors.
8. Contractor shall at its own expense obtain all permits necessary for the work to be performed.
9. Contractor agrees to remove all debris and leave the premises in broom clean condition.
10. In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor may cease
work without breach pending payment or resolution of any dispute.
11. All disputes hereunder shall be resolved by binding arbitration in accordance with rules of the American
Arbitration Association.
12. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty
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require your contractor to provide yofth unconditional "Waiver and Release" formA ed by each material
supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The
statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores
will sell the "Waiver and Release" forms if your contractor does not have them. The material suppliers,
subcontractors, and laborers that you obtain releases from are those persons or entities who have filed
preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers
working on your project, you may obtain a list from your contractor. On projects involving improvements to a
single-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file
a mechanics' lien claim against your property. In other types of construction, this protection may still be
important, but may not be as complete.
(a) To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and
laborers have signed the "Waiver and Release" form. If a mechanics' lien has been filed against your
property, it can only be voluntarily released by a recorded "Release of Mechanics' Lien" signed by the
person or entity that filed the mechanics' lien against your property unless the lawsuit to enforce the lien
was not timely filed. You should not make any final payments until any and all such liens are removed.
You should consult an attorney if a lien is filed against your property.
(b) Each contractor licensed under this chapter, prior to entering into a contract with an owner for work
specified as home improvement pursuant to Section 7159, shall give a copy of this "Notice to Owner"
to the owner, the owner's agent, or the payer. The failure to provide this notice as required shall
constitute grounds for disciplinary action.
Contractors are required by law to be licensed by the Contractors' State License Board. Any questions
concerning a contractor may be referred to the Registrar of the Board, Contractors' State License Board,
P.O. Box 26000, Sacramento, CA 95826.
NOTICE TO OWNER OR TENANT:
You have the right to require Contractor to have a performance and payment bond.
Name and Registration No. of any Salesperson who solicited or negotiated this contract:
A Scott Andrews
Signed this 18day of July, 20 05 .
Signed in the presence of:
Witness
mr & Mrs Michael Menard
Name of Owner
By:
Signature
Witness
Andrews C9rft(uction
Name of ontract
18627 Brookhurst
Street Address
Fountain Valley, CVal 92708
City/State/Zip
714-240-8552
Telephone No.
836772
Contractor's State License No.
ignature
ANDREWS CONSTRUCTION
Exhibit A
Menard
42719th st
Huntington Beach, Cal
Dated July 18 20005
Contract price includes; Permits, demolition, foundation reinforcement inside of garage,
all lumber and labor required for framing, rough electrical, plumbing, mechanical,
windows per plan, insulation, drywall, removal of all wood around home and fill in with
stucco and with foam projections around window per owner design, shake roof on 21/2
sides of roof, walking deck on roof with'/4" per foot slop, extend stairs to deck, .
Remodel old master bedroom for new family room and remove old bathroom and reduce
to smaller size as needed by owner, install new 3'X 5' tub shower with tile and new
cabinets granite tops, tile floor, mirrors, shower door, open new 6'X4 opening in family
room to look down on entry, repair all drywall as needed, trim all new areas to match
existing home, repaint, 2"d floor per owners colors. File in with drywall on block in
master bedroom and touch up drywall from old work.
Exclusions; Floors and carpeting, bath trim, light fixtures, all bath room trim
Payment as follows.6thDrywall complete and stucco started, 7th trim complete,
8th final payment job complete.
A Scott Andrews Mr. & Mrs. Menard
date date
date
18627 Brookhurst #461 427 19t st.
Fountain Valley, Cal 92708 Huntington Beach, Cal
IVOWNE RlCONTRACTOR*
AG R EEMENT
THIS AGREEMENT, made this 17 day of
by and between
Owner, and
the Contractor.
Michael Menard @ 42919th st H.B Cal 92764 (714)321-6111
Andrews Construction @18627 Brookhurst st, F.V. Cal 92708 (714) 240-8552
March A.D. 20 05
hereinafter called the
hereinafter called
For the consideration hereinafter named, the said Owner covenants and agrees with said Contractor, as follows:
FIRST. The Contractor agrees to furnish all material and perform all work necessary to complete the
1. Remove exsiting bedroom windows in the front of house and install new french door system duel glaze with low E, window to match below.
Remove roofing and install water proof deck with aluminum hand rail and glass panels below. $5700,00
2. Remove shower in center bath room and extend in closet area behind, Creat an new 3X5tub and 3'4"X5 tub
with frame less shower door. repair drywall as needed. Owner of supply all fixtures and tile
price includes all labor and materials to complete the above. Add window above shower. Price $10,700,00
3. Draw plans with designs and engineering for the 2nd story addition with hall from home to 2 bedrooms over garage.
All plans will be approved by owner be for submiting to city. Price $5200.00
Please note that this price will come from room addition conrtact.
I std 1.-d &-,
_e -
for the above named structure, according to the plans and specifications (details thereof to be furnished as needed) of
Architect, and to the full satisfaction of said Architect or Owner.
SECOND. The Contractor agrees to promptly begin said work as soon as notified by said Architect or Owner, and to com-
plete the work as follows:
Note; Bath room Price may change due to unforseen pluming and framing.Permit cost to extra.
Any changes will be extra.
THIRD. The Contractor shall take out and pay for Workmen's Compensation and Public Liability insurance, also Prop-
erty Damage and all other necessary insurance, as required by the Owner, Architect or by the State in which this work
is performed.
FOURTH. The Contractor shall pay all Sales Taxes, Old Age Benefit and Unemployment Compensation Taxes upon the
material and labor furnished under this contract, as required by the United States Government and the State in which this
work is performed.
FIFTH. No extra work or changes under this contract will be recognized or paid for, unless agreed to in writing before
the work is done or the changes made.
SIXTH. This contract shall not be assigned by the Contractor without first obtaining permission in writing from the Archi-
tect or Owner. All Sub-contracts shall be subject to the approval of the Architect or Owner.
IN CONSIDERATION WHEREOF, the said Owner agrees that he will pay to the said Contractor, $
for said materials and work, said amount to be paid as follows:
Down payment to start and order doors $5400.00 2nd payment due upon framing and pluming complete
3rd upon tile completion and forth on job finish.
? .
21600
The contractor and the Owner for themselves, their successors, executors, administrators and assigns, eb agree to
h ll f h `fte fu per ormance of the covenants of t is agreement./, L
Witnesse
Andrews Construction
(1 1 V
Owner.t f
Ile
Contractor.
®E-Z CONTRACTORS FORMS FORM NO. EZ 106
CONTRACTORS STATE L NSE BOARD
Serving
Cal
rniiiiii
O
NORWALK INTAKE/MEDIATION CENTER
12501 EAST IMPERIAL HIGHWAY
SUITE 620
NORWALK CA 90650
(562)345-7559
www.csib.ca.gov
STATE OF CALIFORNIA
Arnold Schwarzenegger, Governor
DATE: 11/04/2005
ANDREWS CONSTRUCTION
LIC 837622
FILE NO: S F 2005 007371
MICHAEL J. MENARD 427 19TH STREET
427 19TH STREET HUNTINGTON BEACH CA 92648
HUNTINGTON BEACH CA 92648
We have received your request for an investigation by this agency. If the contractor is licensed by
this agency, we have notified him/her of your complaint stating that this would be the time to resolve
it. If the complaint is not settled at this level and we find evidence of possible violations of the license
law, the file may be forwarded to an Enforcement Representative for investigation to determine if such
violations exist. If violations of contractors' license law are supported, the license may be subject
to disciplinary action. The letter mailed to the contractor may result in a solution to your problem
prior to further action by this agency We have requested that the contractor attempt to contact you
regarding the items of dispute. After you have been contacted by the contractor or after seven (7)
days from the receipt of this letter, please provide the information requested below and return this
form to us. If you have filed this complaint electronically, sign the form and return it with the
requested documents.
YVETTE R. SIMS
CONSUMER SERVICES REPRESENTATIVE
If the complaint has not been resolved, and you have not already done so, provide copies of all
pertinent documents relating to the complaint, such as:
" Contract/proposal (all pages, front/back)
" Change orders (all pages, front/back)
" Real estate purchase agreement, settlement costs
and grant deed
' Documents relating to a bankruptcy
" Lien notices or stop notices
Estimates of completion/correction
Business card, advertisement, or flyer
Current list of complaints
Proof of payment (canceled checks, front/back; invoices, receipts)
Other documents verifying amounts paid
Copies of any building permits or inspection cards
Written correspondence between both parties
Documents relating to a bond company claim
Documents relating to a civil action or private arbitration
The following information is requested from both the contractor and the complainant.
Settlement was agreed to and will be complied with on
Estimated cost of repairs or amount of refund . (date)
Settlement was offered, but it was not accepted. (explain on a separate sheet)
No contact from the contractor within the aforementioned, seven-day contact period.
Other (explain on a separate sheet)
Signed:
E-mail address:
Date:
131-39 (Rev 06/2005)
CONTRACTORS STATE LICENSE BOARD STATE OF CALIFORNIA
www.cslb.ca.gov
P.O. Box 269116, Sacramento, California 95826-9116 12501 East Imperial Highway, Suite 620, Norwalk, California 90650
1-800-321-CSLB (2752) 1-800-321-CSLB (2752)
Northern California: Southern California-
Sacramento Intake & Mediation Center Norwalk Intake & Mediation Center
Complaint Form
NOTICE: INCOMPLETE AND UNSIGNED FORMS WILL BE RETURNED TO YOU.
DO NOT SEND ORIGINALS-DOCUMENTS RECEIVED WILL NOT BE COPIED AND/OR RETURNED,
Please attach COPIES of all pages of contracts (front and back), canceled checks (front and back),
invoices, advertisements, business cards, receipts, correspondence, etc.
PLEASE COMPLETE BOTH SIDES OF THIS FORM
1. YOUR NAME last first
Menard
ADDRESS number
427 19th Street
middle
Michael J.
street
city county state
Huntington Beach Orange CA
PHONE WHERE YOU CAN BE REACHED 8 an',-5 pro
(714) 321-6111
HOME PHONE EMAIL ADDRESS
ZIP code
92648
(714) 536-7527 mmenard@monarchdiagnostic.com
ib EB 1 AUTHORIZE THE FOLLOWING PERSON TO HANDLE THE COMPLAINT ON MY BEHALF-
NAME last first mutdle,
PHONE 8em-5pm HOME PHONE
i I I )
PROJECT 1
3 OWNER OF CONSTRUCTION SITE
1.
Michael Menard
number street city state ZIP city
427 19th Street Huntington Beach CA 92648 Huntington Beach
PHONE PHONE
(714) 321-6111 1714)536-7527
427 19th Street
5. DESCRIBE BRIEFLY THE SCOPE OF THE WORK FOR WHICH YOU CONTRACTED (LE PAINTING, PLUMBING, CONCRETE. PATIO COVER, ROOM ADDITION)
2-Room addition, foundation reinforcement, remodeled bathroom, electrical, roof deck, balcony, re-stucco of house
state ZIP
CA 92648
6 CONTRACT DATE 7. AMOUNT OF CONTRACT 8 AMOUNT PAID ON CONTRACT 9 DATE WORK STARTED 10. DATE WORK CEASED
3/17105, 6/4/05, 10/10/05 Total Amt: $103,331 $89,723 appx. 3/18105
11 LIST YOUR ITEMS OF COMPLAINT (IF MORE ROOM IS NEEDED, PLEASE ATTACH A SHEET OF PAPER)
Request for addl change order of $24,886 despite no change in scope of project. The change order (10/10/05) for an adds amt. of $
1 d ht-t(p-at attr(trth $2 rmore, contraclot has li s
showing me a falsified stucco bid showing the stucco price to be $39,886 (attached); then further stating at a later date the total cost of
tEze cestucca_postionhoo hesubcantractoz wa&$4ZD00=43 OOu Stucco contrartocAND Mr._Ao&ew attomelr_confirmett to mancl_
my attorney that the stucco cost to complete the project is $34,588. Contractor had also threatened prior to the 10/10/05 change order
to walk-offyroject if I did not agree to his terms. Finally, hours billed on his 10/1 0/05 chase order were a roximatel twice as manythialldttdhzny anunecoras ac ee, this contracg stucco. To swnmanhours as recorded by my wife, Ms. Menard for demo of existi
unprofessionally towards us and others despite making all payments requested and open to/agreeing to the 10/10/05 change order.
12, EMEDYSOUGHT.
a hAd.Qa' 1 r Per9 w i m/a a tN ut rJt1e: y9 / I`z>
TYPE
N
R DATE RECEIVED SPECIAL OT STAT EXP CSR ASSIGNED TO CSR ER ASS(
COMPLAINT NUMBER CNST V G PRTY MO DA YR PROJCT MO DA YR INIT MO DA YR INIT MO ON YR
FY
LICENSE NUMBER
SECTIONS VIOLATED
STATUS CHANGE STP
C C C
DATE DATE DATE DATE
4 CONSTRUCTION SITE ADDRESS number street
I
CLOSURE DATE CLOSED
LETTER DISPOSITION MO DA YR C
2 CONTRACTOR NAME (as shown on contract/invoice)
Andrews Construction (Albert Scott Andrews)
LICENSE NO. USED, IF ANY
837622
ADDRESS number
18627 Brookhurst #461
City
Fountain Valley
PHONE
(714) 240-8552
WHO PRESENTED THE CONTRACT?
D SALESMAN
0 CONTRACTOR
street
state
CA
EMAIL ADDRESS
Albert Scott Andrews
WHERE WAS THE CONTRACT NECOTIATED'r 427 19th St, HB CA 92648
NFORMATION
ZIP code
92708
13. Have you filed in court to recover damages on this complaint? 0 Yes (If so, provide documentation with this form.) p No
14. Is this project a: El Residence LD Commercial Building D'Other
15. Is this project a: 0 Remodel 13 Repair/Replace 0 New Horne
16. Was this contract: 153 Written 0 Oral New Home Purchase Agreement
17. Were there any change orders? El Yes D No if yes, were they: E Written E3 Oral R Both
18. Is your complaint: 0 Abandonment D Workmanship 0 Other
19 Budding permit obtained by' 21 Contractor You 0 Do not know
(Provide a copy if available.) Name of building department . Of 4- I L D t i n tort Beach
21. Did the contractor have employees ? E) Yes If so, how many? _ No 13 Do not know
Names of employees , if known : Trgv_is Andrews (First Sand slid 2nd Son, Mr, Andrews unsure of first name of 2nd Sod
22. Were employees, subcontractors, or material companies paid? D Yes E No 0 Do not know
23 Were any mechanics' liens filed on this job? [3 Yes (Provide a copy if available.) El No
If yes. by whom? ------- J--- ------__-_-__ ---_ How much? $_.
24. What attempts have you made to contact the contractor'? G Unable to locate 0 Personal contact I? Telephone Letter (Provide copies.)
25. Have you notified your contractor in writing of the issue in dispute? Q Yes (Provide copies.) No
26. Have you obtained an estimate from another contractor to correct and/or complete the project? D Yes 9 No
(If yes, provide copies.) Amount
27. Have you had the job corrected or completed? D Yes El No
(If yes, provide copies of the contract and proof of payment.) Amount S
NOTICE ON COLLGCTt tt'3 OF P063$$ONAL tfliPOR MATION
Collection and Use of Personal Information . The Department of
Consumer Affairs and the Contractors State License Board (CSLB)
collects the information requested on this form to follow up on your
complaint.
Providing Personal Information Is voluntary. You do not have to
provide the personal information requested. If you do not wish to
provide personal information, such as your name, home address, or
home telephone number. you may remain anonymous. In that case,
however, we may not be able to contact you or help you resolve your
complaint
E I would like to keep my information confidential.
Access to Your Information . You may review the records maintained
by the CSLB that contain your personal information, as permitted by
the Information Practices Act, See below for contact information.
Possible Disclosure of Personal Information. We make every effort
I
to protect the personal information you provide us. In order to follow up
on your complaint, however, we may need to share the information
you give us with the business you complained about or with other
government agencies. This may include sharing any personal
information you gave us.
The information you provide may also be disclosed in the following
circumstances:
• in response to a Public Records Act request, as allowed by the
Information Practices Act;
• To another government agency as required by state or federal law;
or
• In response to a court or administrative order, a subpoena, or a
search warrant.
Contact Information. For questions about the Department of
Consumer Affairs' privacy policy or the Information Practices Act,
contact the Office of Privacy Protection, 400 R Street, Sacramento,
CA 95814, or email privacy@dca.ca.gov.
I declare under penalty of perjury that the information contained on this Complaint Form is true and correct to the best of my knowledge , and that this
declaration was signed at (city)(state)_..-CA -_- on (date)
I will assist in the investigation_or in the prosecution of the contractor or other parties, and will, if necessary , attend hear'ngs ghd testify to facts.
28. SIGN HERE ----- ---- -----DATE------L r _ t -
2 131-15 (Rev. 8/04)
November 1, 2005
Contractors State License Board
Norwalk Intake/Mediation Center
12501 East Imperial Highway, Suite 620
Norwalk CA 90650
Owner: Michael Menard
Property: 427 19" Street
Huntington Beach,'CA 92648
Contractor: Andrews Construction (License No. 837622) File No.: SF 2005 007371
The following document lists our complaints regarding multiple breach of contracts by Mr. Andrews
towards us as well as other subcontractors working on the subject project. He also has demonstrated
unethical/unprofessional behavior to my wife and I over the past 6 months while he has worked at our
primary residence.
1. Breech of Contract of Contractors Agreement (6/4/05) and Contract Change Order
(10/10/05); both contracts prepared by Andrews Construction
An agreement was signed 7/18/2005 for the amount of $63,485 to perform a remodel/addition
including the following project scope:
a. 2-room above-garage addition;
b. Re-stucco existing structure, new stucco on addition;
c. Walking deck on top of addition with spiral staircase access;
d. Remodel existing bathroom;
e. Remove/add 2 non-bearing walls in interior of existing structure;
f. Paint entire 2"d level
Due to items outside the scope of the 6-4-05 contract, Mr. Andrews presented a change order on
10/10/05 for an amount of $14,928. I signed and paid (10-10-05 $5,000 and 10-28-05 $10,000) for
the change order. After I signed and paid for the change order, he then requested in writing an
additional $24,886 change order amount for the same items addressed in the 10/10/05 change
order (10-31-05 letter from attorney). He did not present any specific additional items outside the
scope of the 2 above-stated contracts. He further stated if I did not agree to pay the additional
amount the, "work will not go forward on the job..."
According to my attorney, this is a clear breech of contract. Furthermore, it appears that
Mr. Andrews used the completion of the project as leverage to obtain additional money. His
leverage was to leave the exterior and interior of my primary residence in disarray (at a non-
completed status), while my wife and I still inhabit the property. I am a homeowner not affiliated
with the construction industry and am left to deal with attempting to complete this project that I am
unprepared to do.
2. Fraudulently stated subcontractors ' costs in contracts /letters in order to obtain additional
money
a. The 6/4/05 contract included re-stucco of my existing house as well as new stucco for the
above-garage addition. Mr. Andrews stated to my wife and I that he underbid this portion of
the contract; he further stated to my wife and I that he understood that this was his error and
verbally stated to us that he would absorb the stucco contractors' costs up to amount of
approximately $34,000. We verbally agreed any subcontractor's cost over $34,000 for the
stucco would be my financial responsibility.
Mr. Andrews later presented to me documentation indicating that the stucco contractors cost
was $39,886 (Hart Plastering, 9/20/05) then further stated there were additional stucco costs
per the stucco contractor of $3,875 (Contact Change Order, 10/10/05) bringing the total stucco
contractor's cost to $43,761. However, as you can see, the invoice sent from Hart Plastering to
Andrews Construction indicates a total contract amount of $34,558 showing a discrepancy of
$9,203. Mr. Andrews never indicated to me verbally or in writing the above-stated
discrepancy.
b. Furthermore, he indicated a fraudulent amount of the stucco contract ($39,886) as well as the
amount paid to the stucco contractor ($15,000) to his own attorney and his attorney indicated
the fraudulent information in his letter to us (William W. Ballinger, Attorney at Law,
10/31/05). As indicated on the stucco contractor's invoice, $10,000 had been paid to date for
the project.
3. Did not honor payment agreements with subcontractors leaving outstanding preliminary
liens on my primary residence
Mr. Andrews did not honor contractual agreements he had with the painting contractor, stucco
contractor, and the decking contractor. He did not pay anything these contractors leaving a total
amount of potential liens on my residence of $44,481. Mr. Andrews did not make me aware of
this situation. However, when Mr. Andrews requested the second payment of the change order,
with his approval, I wrote a $10,000 check directly to the stucco contractor due to my suspicion
that the stucco subcontractor had not been paid.
Mr. Andrews presented a spreadsheet to me indicating his costs for the project totaling $35,528 (no
receipts were presented by him to support this amount) leaving an approximate amount of
approximately $45,000 ($55,000 is reduced to $45,000 due to the stucco contractor payment) that I
have paid him that is unaccounted for based on his records.
4. Stated on numerous occasions that his company had worker 's compensation insurance,
however , the Contractors State License Board states otherwise
He stated to me on several occasions that the cost associated with the project covers worker's
compensation insurance and "other overhead costs." He reiterated this point during a conference
call between the 2 parties and our respective attorneys. My attorney and I researched this issue
and discovered that according to the Contractors State License Board website (contractor look-up),
he does not have worker's compensation insurance. Furthermore, it states he has no employees
despite presenting timesheets for his two sons, Scott and Brett Andrews (attached) who apparently
work for him on a full-time basis.
5. Threatened to walk off project on 2 occasions unless I signed /paid for change orders
On 10/7/05, Mr. Andrews contacted me by telephone while I was at work and indicated that if I
did not sign and pay him for the 10/10/05 change order, he would "walk of the project." This was
his first attempt at having me sign/pay for the this change order.
6. Fraudulently stated costs of materials in order to obtain additional money
a. 1 item that was not included in the original contract was a 2nd level access door to a stairwell.
Mr. Andrews verbally stated that the cost of the access door from The Home Depot was
approximately $900. I then visited The Home Depot and discovered that the door I requested
was $227, a $673 discrepancy. I then purchased the $227 door myself. Furthermore, the
Home Depot representative stated the most expensive type of door we requested was
approximately $350.
b. Sawcutting was needed around the perimeter of the building, which was outside the scope of
our contracts. Mr. Andrews indicated to me that the sawcutting costs were $1,400. He
requested payment from me and I indicated that I would pay the sawcutting contractor directly
for his services. As indicated in the American Demo invoice dated 9/21/05, the sawcutting
costs were $460.
These 2 stated situations were indicative of how he presented change order costs to me; he was
aware that I am not affiliated with the construction industry and that I was unaware of specific
costs for time and materials for items outside of the scope of our contfact.
7. Did not complete project in given amount of time
He indicated to me on a signed document (9-9-05 document) that the project would be completed
on 10/1/05. The project is still far from completion and was far from completion when his
attorney sent the letter on 10-31-05.
8. Performed substandard work
There are several defective items that need to be repaired with the construction he performed. I
provided him "punch lists" of these items on multiple occasions with several defects still
outstanding. Furthermore, he was careless with my existing property and damaged multiple items,
which he agreed to in writing to replace. He has not done so to date (9-9-05 document).
9. Contractor generally condones an indust ry-wide practice of fraudulently presenting higher
costs of materials /subcontractors to clients in order to increase profit margin
During the 11/2/05 conference call with the two parties and our respective attorneys, Mr. Andrews
indicated that presenting higher costs for materials/subcontractors was a common practice that
"most contractors do," attempting to justify the above-stated fraudulent items to our respective
attorneys and myself.
To summarize, Mr. Andrews performed the following:
1. Breech of Signed Contracts;
2. Did not pay subcontractors contracted amounts leaving prelimina ry liens on my prima ry
residence;
3. Acted unethically and unprofessionally towards my wife and myself.
Thank you for your consideration of my complaint and please feel free to contact me with any questions
or comments.
Sincerely,
Michael J. Menard
714-321-6111
•
WAIVER OF DEVELOPMENT STANDARDS
REQUEST LETTER
Date :2 - / - ®1-
To: City of Huntington Beach
Planning Department
2000 Main Street
Huntington Beach, CA 92648
714-536-5271
From: Name: /2 Scc 7%i v
Address: z o 0
Telephone #: iy °'z 4o
Property Owner: i tk
Address:77 .5:?7 ,
Telephone #: 3z /''//
SUBJECT: WAIVER OF DEVELOPMENT STANDARDS - HBZSO SECTION 241.22
REQUES llc,)al 76 vi to C3 y
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1- 'i l CI'C%E4Z,
Thank you for your prompt consideration in this matter.
Sincerely,
Si nature Re uired:
(Authorized Agent/or Applicant)
Si nature Re uired:
(Property Owner)
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Date:0- 5
Date: 2--
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